Impeachment preserves Constitutional balance of power

Last month I wrote about the First Amendment of the United
States Constitution with special reference to prayer in public schools. I urged
all of us to read and study our founding documents as a way to celebrate our
country’s birthday. In that light I am writing again about the Constitution
with particular reference this time to impeachment. For
the Constitution on line, visit http://www.usconstitution.net/const.html

Article II, Sec. 4 states:

"The President,
Vice President and all civil Officers of the United States, shall be removed
from Office on Impeachment for, and Conviction of, Treason, Bribery, or other
high Crimes and Misdemeanors.". (1)

Presidents Andrew Johnson in 1868 and
Bill Clinton in 1998 were both impeached. President Richard M. Nixon resigned
from office in August 1974rather than face the impending impeachment proceedings against himn.

Article I, Section 2
states:

“The House of
Representatives … shall have the sole Power of Impeachment.”

Rep. Dennis
Kucinich (D-OH) introduced Articles of Impeachment against Vice President Dick
Cheney on November 6, 2007 and against President George W. Bush on June 9, 2008
Among the 35 articles of
impeachment against the President are these:

- misleading Congress about Threat from Iraq

- invasion of Iraq without authority.

- authorization of illegal electronic surveillance.

- authorization of torture of prisoners.

- the outing
of CIA operative Valerie Plame Wilson.

On
July 25 the House Judiciary Committee held hearings on the abuses of power by
President Bush. Even though Chairman John Conyers (D-MI) said it was not an
impeachment hearing, the witnesses testified to the high crimes and
misdemeanors of President Bush for six hours, according to Dave Lindhorst.

Article I, Section 3
states:

“The Senate shall have
the sole Power to try all Impeachments. … And no Person shall be convicted
without the Concurrence of two thirds of the Members present.”

The Senate
convicted neither Johnson nor Clinton. The Johnson vote was one less than
needed, thus providing a classic example of one vote does make a difference. Today
a number of Republicans would have to join the call for impeachment for the
Senate to convict George Bush since the Democrats and Independents do not have
a two-thirds majority in the Senate.

Article III, Section
3 states

“Treason against the United States, shall consist only in levying War against them, or in
adhering to their Enemies, giving them Aid and Comfort. No Person shall be
convicted of Treason unless on the testimony of two Witnesses to the same overt
Act, or on Confession in open Court.”

The writers of
the Constitution thought treason to be such a serious crime that they defined
it in the Constitution. The charge of treason Is not
be made lightly. The words “aid and comfort” were used a lot during the Vietnam era
when Jane Fonda spoke loudly against that war. Current supporters of Bush
hurled the same charge against anti-war demonstrators and opponents of the
Patriot Act.

Witnesses at the
hearings on July 25 referred to the war in Iraq as an act of treason. They
referred to Bush’s violation of FISA and anti-torture laws as high crimes under
the definition in the Constitution.

Article I, Section 3
also states:

“Judgment in Cases of
Impeachment shall not extend further than to removal from Office, and
disqualification to hold and enjoy any Office of honor, Trust or Profit under
the United States: but the Party convicted shall nevertheless be liable and
subject to Indictment, Trial, Judgment and Punishment, according to Law. “

Impeachment
is the process to remove a person from office. It consists of both the charges
and the trial. It is an essential tool
in the balance of power the framers intended for our government. The abuse of
power by the Bush administration must be dealt with.

John
Nichols, author and political journalist, summed it up best in an interview
with Bill Moyers, "On January 20th, 2009, if George Bush and Dick
Cheney are not appropriately held to account, this Administration will hand off
a toolbox with more powers than any President has ever had, more powers than
the founders could have imagined. …. one of the things we know about power is
that people don't give away the tools."

The
best way to hold President Bush and Vice President Cheny
accountable is through impeachment. The abuse of constitutional authority by this
administration is one major reason the founders put impeachment in the
Constitution but it is useless if not used when necessary. It is more necessary
this year than at any time in our history. You can lend your support for this
process by contacting your Representative in Congress to support the Articles
of Impeachment. Our Representative in Midland
is Dave Camp at (989) 631-6271 or (202) 225-3561..